Q: Can I challenge an insurance company’s decision to use second-hand parts for engine replacement in my Volvo
After an oil change at Take 5, my 2019 Volvo S60 R-Design suffered engine failure due to overfilled oil, confirmed by my mechanic. Take 5’s insurance, Fleet Response, accepted fault but insists on using second-hand “Like Kind Quality” (LKQ) parts for the repair. Given the unique configuration of my high-performance vehicle, using used parts could cause further issues. Despite the repair cost exceeding the car’s actual cash value, they refuse to total the vehicle or provide detailed loss figures. I've also been unable to work, as I rely on my car for Lyft. I’m seeking legal advice on how to challenge their decision and protect myself from additional losses, including diminished value
A:
YES, YOU CAN.
BY LAW, YOU HAVE THE RIGHT TO SELECT WHERE YOUR MOTOR VEHICLE IS REPAIRED AND THE PARTS USED FOR REPAIRS. HOWEVER, AN INSURANCE COMPANY IS NOT REQUIRED TO PAY MORE THAN A REASONABLE AMOUNT FOR SUCH REPAIRS AND PARTS. YOUR STATUTORY RIGHTS REGARDING MOTOR VEHICLE REPAIRS ARE EXPLAINED IN TEXAS INSURANCE CODE ARTICLE 5.07-1.
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